Legal and Economic English

Nuria Romero García

Unit 2
Legal English vs Plain English
Index

►2.1. Introduction and objectives

►2.2. Legal English
►2.3. What is plain English?
►2.4. Ten principles of plain English

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Legal English

Writing conventions in the legal

language are different: sentences
with peculiar structures,
Legal insufficient punctuation, foreign
language is expressions (Latin and French),
etc.
sometimes
difficult to
understand
because it is
often very
different from
ordinary
English A large number of difficult words
and phrases are used.

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Legal English They are technical words and phrases with
precise and fixed legal meaning. Some of these
can be familiar to the layperson and others are
Legal terms of art only known by legal professionals. For
(terminología jca example, ´bailment´ (depósito, entrega en
especializada) depósito de algo a un tercero para su
posesión).

They are words used by lawyers which are

Legal jargon difficult to understand for the layperson
(jerga jurídica) (´corporate veil´). They comprise near-slang or
technically precise words or even archaic
words

Foreign terminology They are mainly Latin and French terms and
expressions regularly used in legal English
(inter alia, force majeure)

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Legal English
Legal meaning may differ from the general meaning
Word and its legal English meaning Word and its ordinary English meaning

Consideration in legal English means an act, or
promise by one party to a contract that constitutes
the price for which the promise of the other party is
bought. Consideration is essential to the validity of
any contract other than one made by deed.
Consideration in ordinary English means, (1) careful
thought, (2) a fact taken into account when making a
decisión, (3) thoughtfulness towards others.

Construction in legal English means interpretation. Construction in ordinary English means (1) the action
´To construe´ is the infinitive verb form of the term. of constructing (e.g. a bluiding); (2) a building or
other structure; (3) the industry of erecting buildings.

Redemption in legal English means the return or Redemption in ordinary English usually means
repossession of property offered as security on Christian salvation.
payment of a mortgage debt
Para or charge.
modificar el
Tender in legal English
Título means an offer
y el nombre, ir a to supply Tender in ordinary English means: (1) gentle and
Vista > Patrón
goods or services. Normally de
a tender must be kind; (2) (of food) easy to cut or chew; (3) of a part of
Diapositivas
accepted to create a contract. the body) painful to the touch; (4) young and
vulnerable; (5) easily damage.
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Legal English
Doublets and triplets

EXAMPLES
They are two or three words joined
together to express what is usually - Null and void
said by a single legal concept. - Perform and
discharge
Their meanings can be confusing.
Sometimes they have exactly the - Dispute,
same meaning, others they can controversy or
differ a little. claim
Most recent practice is trying to - Promise, agree and
avoid this kind of structures when covenant
possible and use single words with
an equivalent meaning. (compromiso,
pacto)

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Legal English
Compound and archaic words Here-
There-
Where-
A great deal of derivatives can be added to these words. They
are not used in ordinary English but in legal English are used to
avoid repeating names.
Whatsoever,
wheresoever,
howsoever

These words have extremely limited practical meaning and

exist as a result of legal tradition.
Hence,
whence ,
thence
They are all considered archaic constructions in ordinary
English, although they are often found in many legal English
documents.

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Legal English
Unfamiliar pronouns and er, or, ee names

Er, or, ee names Unfamiliar pronouns

Legal English contains a large number of names

They represent an archaic usage in legal English.
and titles with these endings.

The reciprocal and opposite nature of the

Some examples: ´the aforementioned´, ´the
relationship is indicated by the use of –er, -or, -ee
said´.
endings.

These endings derive form Latin: mortgagor, They do not usually replace nouns, they are used
mortgagee; offeror, offeree. to supplement them.

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Legal English
´Deem´

It is a term frequently used in legal English to treat things as

being sth as that it is not or as possessing certain characteristics
that it does not in fact possess.

DEEM This meaning is often found in many legal documents, especially

in contracts to create the idea that sth mentioned in the contract
is deemed to be sth else.

This term is frequently used to create sth like legal fiction. It is a

synomyn for ´consider´or ´judge´.

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Plain English

Language is
produced by The Plain
Nowadays ´Legalese´ is
behavioural English
English has ´the specialised ´Plain English´ is
conventions. Movement is
become the language of the no more than
Modern trying to avoid
´international legal ordinary English
language the usage of
language´. profession´. It is that emphasizes
constantly legalese, legal
English is the changes over considered a clarity, brevity
jargon and Latin
essential time. cryptic language and the
expressions and
language to very dificult for avoidance of
However, the trying to
communicate in the layperson to technical
legal language promote
the global world read and language.
has not kept up equivalent
we live in. understand.
the same ordinary terms.
rhythm.

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Ten principles of plain English

Begin complex
statements of fact
and law with a
summary

Choose short and

medium-length Break up long
sentences (20 sections and
words per paragraphs and
sentence as order them in a
average) logical sequence

Use
Paravertical
modificarlists
el
to convey Pay careful
Título y el nombre, ir a
detailed attention to the
Vista > Patrón de
information layout
Diapositivas

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Ten principles of plain English
Have continuity
between sentences
by repeating some
ideas from the
previous sentence in
the new sentence

Avoid
unnecessary Choose the
details and active voice
words such as instead of the
prepositional passive voice
phrases

Use Prefer verbs to

Parafamiliar
modificar el noun phrases:
words that are
Título y el nombre, ir a
simple, direct and ´consider´ instead
Vista > Patrón de
human of ´give
Diapositivas consideration to´

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Ten principles of plain English

Benefits of using plain English

Adopting a less formal style Make the relationship

Shortens the amount of benefits the understanding between practitioners and
words and legal terms of law in general clients easier and stronger.
They appreciate to be
informed using simpler
explanations.

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